[Congressional Record Volume 149, Number 46 (Friday, March 21, 2003)]
[Senate]
[Pages S4280-S4282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 683. A bill to amend the Family and Medical Leave Act of 1993 to 
provide entitlement to leave to eligible employees whose spouse, son, 
daughter, or parent is a member of the Armed Forces serving on active 
duty in support of a contingency operation or notified of an impending 
call or order to active duty in support of a contingency operation; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. FEINGOLD. Mr. President, today I am introducing legislation to 
bring a small measure of relief to the families of our brave military 
personnel who are being deployed for the ongoing fight against 
terrorism, the war in Iraq, and other missions around the country and 
around the world.
  The men and women of our Armed Forces undertake enormous sacrifices 
in their service to our country. They spend time away from home and 
from their families in different parts of the country and different 
parts of the world, and, too often, are placed into

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harm's way in order to protect the American people and our way of life. 
We owe them a huge debt of gratitude for their dedicated service.
  The ongoing deployments for the fight against terrorism and for the 
campaign in Iraq are turning upside down the lives of thousands of 
active duty, National Guard, and Reserve personnel and their families 
as they seek to do their duty to their country and honor their 
commitments to their families, and, in the case of the reserve 
components, to their employers as well. As of March 29, more than 
212,000 National Guard and Reserve personnel were on active duty, and 
thousands more can expect to be activated in the coming days and weeks.
  Some of my constituents are facing the latest in a series of multiple 
activations and deployments for family members who serve our country in 
the military. Others are seeing their loved ones off on their first 
deployment. All of these families share in the worry and concern about 
what awaits their relatives and hope, as we do, for their swift and 
safe return.
  Our men and women in uniform face these challenges without complaint. 
But we should do more to help them and their families with the many 
things that preparing to be deployed.
  Often, military personnel and their families are given only a couple 
of days' notice that their units will be deployed. These dedicated men 
and women then have only a very limited amount of time to get their 
lives in order. For members of the National Guard and Reserve, this 
includes telling their employers that they will be deployed for, in 
many cases, up to a year, and will be away from their jobs. I want to 
commend the many employers around the country for their understanding 
and support when an employee or a family member of an employee is 
called to active duty.
  In preparation for a deployment, military families often have to 
scramble to arrange for child care, to pay bills, to contact their 
landlords or mortgage companies, and take care of other things that we 
deal with on a daily basis, from stopping the newspaper to making sure 
that their plants are watered and that their pets are cared for while 
they are gone.
  The legislation that I introduce today would allow eligible employees 
whose spouses, parents, sons, or daughters are military personnel who 
are serving on or called to active duty in support of a contingency 
operation to use their Family and Medical Leave Act, FMLA, benefits for 
issues relating to our resulting from their deployment. These instances 
could include preparation for deployment or additional responsibilities 
that family members take on as a result of a loved one's deployment, 
such as child care.
  I was proud to cosponsor and vote for the lgislaiton that created the 
Family and Medical Leave Act FMLA, in the early days of my service to 
the people of Wisconsin as a member of this body. This important law 
allows eligible workers to take up to 12 weeks of unpaid leave per year 
for the birth or adoption of child, the placement of a foster child, to 
care for a newborn or newly adopted child or newly placed foster child, 
or to care for their own serious health condition or that of a spouse, 
a parent, or a child. Some employers offer a portion of this time as 
paid leave in addition to other accured leave, while others require 
workers to use accrued leave or sick time for this purpose.
  Since its enactment in 1993, the FMLA has helped more than 35 million 
American workers to balance responsibilities to their families and 
their careers. According to the Congressional Research Service, between 
2.2 million and 6.1 million people took advantage of these benefits in 
1999-2000.
  Our military families sacrifice a great deal. Active duty families 
often move every couple of years due to transfer and new assignments. 
And as we rely more heavily on National Guard and Reserve personnel for 
more and more deployments that are longer in duration, the burden on 
their families also increases.
  This legislation has the support of a number of military 
organizations, including the Wisconsin National Guard, the National 
Guard Association of the United States, the Reserve Officers 
Association, the Military Officers Association of America, and the 
Enlisted Association of the National Guard of the United States.
  We owe it to our military personnel and their families to do all we 
can to support them in this difficult time. I hope what this bill will 
bring a small measure of relief to our military families.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 683

         Be it enacted by the Senate and House of Representatives 
     of the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

         This Act may be cited as the ``Military Families Leave 
     Act of 2003''.

     SEC. 2. GENERAL REQUIREMENTS FOR LEAVE.

         (a) Entitlement to Leave.--Section 102(a) of the Family 
     and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended 
     by adding at the end the following:
         ``(3) Entitlement to leave due to family member's active 
     duty.--
         ``(A) In general.--Subject to section 103(f), an eligible 
     employee shall be entitled to a total of 12 workweeks of 
     leave during any 12-month period because a spouse, son, 
     daughter, or parent of the employee is a member of the Armed 
     Forces--
         ``(i) on active duty in support of a contingency 
     operation; or
         ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
         ``(B) Conditions and time for taking leave.--An eligible 
     employee shall be entitled to take leave under subparagraph 
     (A)--
         ``(i) while the employee's spouse, son, daughter, or 
     parent is on active duty in support of a contingency 
     operation, and, if the family member is a member of a reserve 
     component of the Armed Forces, beginning when such family 
     member receives notification of an impending call or order to 
     active duty in support of a contingency operation; and
         ``(ii) only for issues relating to or resulting from such 
     family member's--

         ``(I) service on active duty in support of a contingency 
     operation; and
         ``(II) if a member of a reserve component of the Armed 
     Forces--

         ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and
         ``(bb) service on active duty in support of such 
     operation.
         ``(4) Limitation.--No employee may take more than a total 
     of 12 workweeks of leave under paragraphs (1) and (3) during 
     any 12-month period.''.
         (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 
     2612(b)(1)) is amended by inserting after the second sentence 
     the following: ``Leave under subsection (a)(3) may be taken 
     intermittently or on a reduced leave schedule.''.
         (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of 
     such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting 
     ``or subsection (a)(3)'' after ``subsection (a)(1)''.
         (d) Notice.--Section 102(e) of such Act (29 U.S.C. 
     2612(e)) is amended by adding at the end the following:
         ``(3) Notice for leave due to family member's active 
     duty.--An employee who intends to take leave under subsection 
     (a)(3) shall provide such notice to the employer as is 
     practicable.''.
         (e) Certification.--Section 103 of such Act (29 U.S.C. 
     2613) is amended by adding at the end the following:
         ``(f) Certification for Leave Due to Family Member's 
     Active Duty.--An employer may require that a request for 
     leave under section 102(a)(3) be supported by a certification 
     issued at such time and in such manner as the Secretary may 
     by regulation prescribe.''.

     SEC. 3. LEAVE FOR CIVIL SERVICE EMPLOYEES.

         (a) Entitlement to Leave.--Section 6382(a) of title 5, 
     United States Code, is amended by adding at the end the 
     following:
         ``(3)(A) Subject to section 6383(f), an eligible employee 
     shall be entitled to a total of 12 workweeks of leave during 
     any 12-month period because a spouse, son, daughter, or 
     parent of the employee is a member of the Armed Forces--
         ``(i) on active duty in support of a contingency 
     operation; or
         ``(ii) notified of an impending call or order to active 
     duty in support of a contingency operation.
         ``(B) An eligible employee shall be entitled to take 
     leave under subparagraph (A)--
         ``(i) while the employee's spouse, son, daughter, or 
     parent is on active duty in support of a contingency 
     operation, and, if the family member is a member of a reserve 
     component of the Armed Forces, beginning when such family 
     member receives notification of an impending call or order to 
     active duty in support of a contingency operation; and
         ``(ii) only for issues relating to or resulting from such 
     family member's--
         ``(I) service on active duty in support of a contingency 
     operation; and
         ``(II) if a member of a reserve component of the Armed 
     Forces--
         ``(aa) receipt of notification of an impending call or 
     order to active duty in support of a contingency operation; 
     and

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         ``(bb) service on active duty in support of such 
     operation.
         ``(4) No employee may take more than a total of 12 
     workweeks of leave under paragraphs (1) and (3) during any 
     12-month period.''.
         (b) Schedule.--Section 6382(b)(1) of such title is 
     amended by inserting after the second sentence the following: 
     ``Leave under subsection (a)(3) may be taken intermittently 
     or on a reduced leave schedule.''.
         (c) Substitution of Paid Leave.--Section 6382(d) of such 
     title is amended by inserting ``or subsection (a)(3)'' after 
     ``subsection (a)(1)''.
         (d) Notice.--Section 6382(e) of such title is amended by 
     adding at the end the following:
         ``(3) An employee who intends to take leave under 
     subsection (a)(3) shall provide such notice to the employing 
     agency as is practicable.''.
         (e) Certification.--Section 6383 of such title is amended 
     by adding at the end the following:
         ``(f) An employing agency may require that a request for 
     leave under section 6382(a)(3) be supported by a 
     certification issued at such time and in such manner as the 
     Office of Personnel Management may by regulation 
     prescribe.''.
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